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Subject: Reasons for divorce


Author:
Naeemah zakiya
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Date Posted: 16:03:57 11/07/02 Thu
Author Host/IP: cache-rl02.proxy.aol.com/152.163.189.98

As salaamu alaykum,

RE:Who told you that a woman can just divorce a man for no reason at any time??? Tell whoever told you this to either show their evidence from Quran or Sunnah or avoid speaking about this deen without knowledge...


This is the proof i was given:Volumn 007, Book 063, Hadith Number 197.
Narated By Ibn 'Abbas : The wife of Thabit bin Qais came to the Prophet and said, "O Allah's Apostle! I do not blame Thabit for defects in his character or his religion, but I, being a Muslim, dislike to behave in un-Islamic manner (if I remain with him)." On that Allah's Apostle said (to her), "Will you give back the garden which your husband has given you (as Mahr)?" She said, "Yes." Then the Prophet said to Thabit, "O Thabit! Accept your garden, and divorce her once."
and
Volumn 007, Book 063, Hadith Number 199.
-----------------------------------------
Narated By Ibn 'Abbas : The wife of Thabit bin Qais bin Shammas came to the Prophet and said, "O Allah's Apostle! I do not blame Thabit for any defects in his character or his religion, but I am afraid that I (being a Muslim) may become unthankful for Allah's Blessings." On that, Allah's Apostle said (to her), 'Will you return his garden to him?" She said, "Yes." So she returned his garden to him and the Prophet told him to divorce her.

The above two hadiths show that the women could divorce her husband, for no reason. If I read correctly that is what I have been explained and read.

As salaamu alaykum,
Naeemah

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[> Subject: Re: Reasons for divorce


Author:
Laila Nasheeba
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Date Posted: 16:47:15 11/07/02 Thu
Author Host/IP: dhcp024-210-245-129.woh.rr.com/24.210.245.129

As Salaamu Alaikoum,

The Hadith you gave here does not say the woman divorced him FOR NO REASON. She divorced him because HE COULD NOT FULFILL HER DESIRES SEXUALLY. And that is what she meant when she said she does not want to commit an act of Kufr.

When reading hadiths, you have to know the story behind them. You can not take a Hadith and interpret it any way you want. A woman MUST HAVE REASON to seek a divorce from a man.

Here are examples of acceptable reasons for a woman to seek a divorce as answered by Shaykh ‘Abd-Allaah ibn ‘Abd al-Rahmaan ibn Jibreen:

If a woman dislikes her husband’s treatment of her – for example, he is over-strict, hot-tempered or easily-provoked, or gets angry a lot, or criticizes her and rebukes her for the slightest mistake or shortcoming, then she has the right of khula’ [female-instigated divorce].

If she dislikes his physical appearance because of some deformity or ugliness, or because one of his faculties is missing, she has the right of khula’.

If he is lacking in religious commitment – for example, he doesn’t pray, or neglects to pray in jamaa’ah, or does not fast in Ramadaan without a proper excuse, or he goes to parties where haraam things are done, such as fornication, drinking alcohol and listening to singing and musical instruments, etc. – she has the right of khula’.

If he deprives of her of her rights of spending on her maintenance, clothing and other essential needs, when he is able to provide these things, then she has the right to ask for khula’.

If he does not give her her conjugal rights and thus keep her chaste because he is impotent (i.e. unable to have intercourse), or because he does not like her, or he prefers someone else, or he is unfair in the division of his time [i.e., among co-wives], then she has the right to ask for khula’.


AGAIN.. I encourage you to join the classes at our website to learn the Basics of Your religion and to avoid making fatwaas on things without the proper knowledge.


AND ALLAH KNOWS BEST

Laila Nasheeba


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